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Citation
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Judgment date
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| April 1995 |
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Court granted leave to amend pleadings and issued case-management directions despite defendant's dormant dismissal application.
Civil procedure — Amendment of writ and pleadings (Order 20 r.5) — Closure of pleadings and summons for directions (Order 18 r.20; Order 25 r.1) — Dormant dismissal application not a bar — Discovery by exchange of verified lists — Case management directions.
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26 April 1995 |
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Court awarded K10,000 and K3,000 as general damages to two injured plaintiffs and ordered costs against the defendant.
Personal injury – assessment of general damages – default judgment and assessment in defendant's absence – medical evidence and partial incapacity – quantum and loss of amenities (consideration of currency value).
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18 April 1995 |
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Taxing master reduced and disallowed items for non‑compliance with rules, awarding K38,845 taxed costs.
Costs — Taxation of bill of costs — Non‑compliance with Rules of the Supreme Court — Taxing master’s discretion to disallow or reduce items — Care and conduct allowances — Reductions for partial or no court sittings.
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18 April 1995 |
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Parents may recover loss of dependency for young children’s deaths based on present services and future prospective contribution.
Damages – Wrongful death – Loss of dependency by parents for death of very young children – Present household services and prospective future contribution as basis for dependency – Sections 3 and 7, Statute Law (Miscellaneous) Act (Cap 5:04).
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7 April 1995 |
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Court ordered security for costs where plaintiff was abroad and address undisclosed, fixing security at K45,000.
Civil procedure – security for costs (Order 23 r.1) – plaintiff resident abroad; address not stated; discretion to order security; unsatisfied default judgment does not bar security application; quantum fixed at K45,000.
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7 April 1995 |
| March 1995 |
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Default judgment set aside where defendant’s affidavit disclosed triable issues; plaintiff’s opposing affidavit not considered.
Civil procedure – setting aside default judgment – Order 13 r.9 & Order 19 r.9 – defendant’s affidavit must disclose defence or triable issue – opposing affidavit ordinarily not considered – triable issues found, default judgment set aside.
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29 March 1995 |
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Interlocutory injunction properly maintained where vendor sought to renege on a clear sale agreement, justifying preservation of the status quo.
Civil procedure — interlocutory injunctions — ex parte urgency requirement; Contract law — positive contract of sale — when injunctions may be granted to preserve status quo pending specific performance; American Cyanamid test — good arguable case and balance of convenience; Delivery of title documents to court to preserve rights.
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13 March 1995 |
| February 1995 |
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Whether a later-registered company using a similar name in the same business constitutes passing off and may be restrained.
Company names — Passing off — Similarity of names in same trade likely to cause confusion — Common-law right to protect goodwill — Striking name from register and injunctive relief.
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9 February 1995 |
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Oral expatriate employment contract enforceable; employer’s failure to reduce to writing and wrongful termination entitles employee to damages.
Employment law – oral expatriate employment contract enforceable – Ministerial Application Order excludes s.12(1)(e) – employer’s failure to reduce to writing and wrongful termination – implied reasonable notice (three months for senior expatriate) – damages awarded.
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8 February 1995 |
| January 1995 |
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Whether wrongful arrest and detention entitle the plaintiff to damages for false imprisonment and lost promotion prospects.
Tort — False imprisonment — Unlawful arrest and detention following workplace incident — Quantum of damages for lengthy detention and poor prison conditions; Damages for loss of promotion prospects — Defamation — burden to prove publication; Civil procedure — amendment to pleadings allowed if duly served and uncontested; Failure of state defendant to appear.
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24 January 1995 |
| December 1994 |
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High Court lacks jurisdiction to grant parental responsibility orders over an infant not resident in Malawi.
Jurisdiction – High Court guardianship powers under s11(a)(i) Courts Act – residence requirement; Constitutional provision s23(3) does not confer in rem jurisdiction; infant not resident in Malawi – application dismissed.
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20 December 1994 |
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Damages awarded for pain, disfigurement and loss of amenities; no loss-of-earnings award for lack of causal link.
Personal injury — assessment of damages — pain and suffering, disfigurement, loss of amenities — causation for loss of earnings — weight to medical disability report where clinical recovery progressed.
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14 December 1994 |
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Court ordered security for costs against foreign-resident plaintiff after balancing success likelihood and enforceability concerns.
Civil procedure – Security for costs (Order 23 Rule 1) – Foreign plaintiff – Residence abroad not per se ground for security – Court’s discretion to consider likelihood of success and practicability of enforcement – Order for K10,000 or bond ordered.
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14 December 1994 |
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Remand on bail ended the detention period; plaintiff awarded K30,00 and costs for false imprisonment.
False imprisonment – assessment of quantum – period of detention ends when remanded on bail – damages for loss of liberty are at large and assessed on multiple factors – prior awards illustrative only.
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13 December 1994 |
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Interlocutory injunction refused where granting it would grant substantive relief and cause injustice to the occupying respondent.
Interlocutory injunctions – equitable remedy – caution against granting substantive relief before trial – occupation prior to lease – potential prejudice to occupier's rights against third party (city council).
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1 December 1994 |
| November 1994 |
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Ex parte garnishee relief denied where funds were conditional deposit-on-sale, not a demonstrable present debt.
Garnishee proceedings – ex parte application – requirement to show garnishee indebted to judgment debtor – conditional deposit-on-sale not equivalent to present debt – applicant’s failure to address material issue fatal to relief.
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23 November 1994 |
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Court found recurring trespass from neighbouring construction, awarded repair and use damages, survey costs, injunction and costs.
Property law – Trespass to land by neighbouring construction – Damage to hedge and obscured boundary beacons – Measure of damages: repair/reinstatement costs, diminution in value, compensation for use (wayleave) – Aggravated damages for persistent trespass and disobedience of injunction – Entitlement to surveyor costs to re-locate beacons – Granting of injunction and costs.
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15 November 1994 |
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Plaintiff's dependency award reduced for seasonal, expense-heavy produce trade; court awarded K72,000.
Damages — Loss of dependency — Assessment of earnings for a seasonal produce buyer-reseller — Use of death certificate for multiplier — Deductions for business expenses, tax and personal consumption.
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8 November 1994 |
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Whether a seizure clause refers to failure to pay any instalment or the whole balance determines legality of early seizure; ambiguous clauses construed against the drafter.
Sale of goods — agreement to sell with reservation of property — construction of seizure clause "If he fails to pay" — contra proferentem — premature seizure before final payment date — rescission of reservation term and treatment as debt.
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1 November 1994 |
| October 1994 |
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A sick teacher entitled to medical retirement, arrears and benefits despite procedural notice not produced but inferred.
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25 October 1994 |
| September 1994 |
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Judgment entered on admission for the admitted principal debt; affidavit omission irregular but not fatal; interest not admitted.
Civil procedure – Judgment on admission (Order 27) – admissions by letter – irregularity for failure to file affidavit – admission of principal debt but not of claimed interest.
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19 September 1994 |
| August 1994 |
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No binding contract where seller's acceptance was conditional on prompt cheque/loan approval; claim dismissed.
Contract formation — offer and acceptance — conditional acceptance reserved by seller — completion of loan application forms not unconditional acceptance; no contract, no breach.
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26 August 1994 |
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Claims for false imprisonment, malicious prosecution and salary arrears dismissed where reasonable grounds existed and no malice was proven.
False imprisonment – police decision to arrest – role of informant; Malicious prosecution – requirement of absence of reasonable and probable cause and malice; Payroll discrepancies – evidence of false names and cancelled entries; Employer/employee liability for provision of information to police; Claim for salary arrears – insufficiency of evidence and summary dismissal.
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26 August 1994 |
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Whether invoice terms formed part of the contract and whether 2% interest was payable on overdue accounts.
Contract law — incorporation of invoice terms — interpretation of order and invoice as whole — invoiced payment terms — interest on overdue accounts (2%) — costs: each party to bear own costs.
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18 August 1994 |
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Compensatory damages for false imprisonment increased by assault, sexual abuse, and denial of food and visits; exemplary damages not pleaded.
False imprisonment — assessment of damages — compensatory damages discretionary and "at large" — aggravating factors: assault, sexual abuse in custody, denial of food and visits — exemplary damages require specific pleading — prison authority knowledge of abuse relevant to quantum.
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9 August 1994 |
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Enlarged time granted; arbitrator’s refusal to give reasons not misconduct; costs award upheld despite equal-costs contract clause.
Arbitration — review of award — limitation and enlargement of time — arbitrator’s refusal to give reasons — costs awarded despite contract clause — Arbitration Act confers discretion and voids contractual ouster of costs rule.
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5 August 1994 |
| July 1994 |
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Plaintiff's discontinuance after recovering debt upheld; third-party proceedings set aside for abandonment and costs awarded to plaintiff.
Civil procedure — discontinuance after realisation of security — costs discretion; third party proceedings set aside for failure to prosecute (abandonment); counterclaim vulnerable to res judicata/statute-bar.
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11 July 1994 |
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Employees lacked standing; sale process lawful and private purchaser not subject to judicial review.
Judicial review – scope and limits – purchaser not a public body – standing/sufficient interest of employees – legitimate expectation and natural justice – irrationality/ultra vires – company law: directors as agents of sole shareholder; sale of state‑owned undertaking.
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4 July 1994 |
| May 1994 |
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Court refused to set aside declaration challenging police roadblocks, reserving constitutional questions on Police Act s.22(1) for trial.
Constitutional supremacy — Police Act s.22(1) — roadblocks and searches — scope and constitutionality; balance between national security/public order and individual rights; ex parte relief under Order 29; interlocutory refusal to set aside declaration.
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23 May 1994 |
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Manufacturer owes duty of care to consumers, but plaintiffs failed to prove negligence or causation from contaminated margarine.
Tort — Negligence — Manufacturer's duty to consumer (Donoghue v Stevenson) — Contaminated food — Res ipsa loquitur — Causation — Standard of proof (balance of probabilities).
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13 May 1994 |
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A binding lease was found by conduct despite no signed contract; claimant awarded damages for repudiation including contractors' costs and rent difference.
Contract formation — 'subject to formal contract' — conduct and part performance can establish binding agreement; Repudiation; Damages for wasted expenditure and consequential rental loss.
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11 May 1994 |
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Whether student suspensions were void for breach of natural justice and defective, biased disciplinary committee composition.
Judicial review – procedural fairness – natural justice – failure to give notice of charges – defective composition of disciplinary committee – apparent bias by committee members – university student suspensions quashed and applicants reinstated.
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3 May 1994 |
| April 1994 |
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Court set aside interlocutory default judgment due to change of counsel and irregularity, imposing conditions to protect the plaintiff.
Civil procedure – Setting aside interlocutory default judgment – Change of legal practitioner and failure to receive court documents – Waiver of irregularity – Extension of seven‑day rule in presence of good cause – Conditions when granting relief (defence, payment into court, costs).
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29 April 1994 |
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Summary judgment refused where documentary exhibits did not establish the claimed debt and the defence raised a triable issue.
Civil procedure — Summary judgment — Applicability of Order 14 r 1 after directions for trial — Interlocutory applications under Order 25 r 7(3) — Requirement that exhibits establish the claimed debt — Defence not a sham where documents do not admit the claimed sum.
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26 April 1994 |
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Conviction for theft set aside where property remained under employment custody and confession was unreliably relied upon.
Criminal law — Theft — Elements of theft require property to belong to another; possession by virtue of employment may negate theft unless prosecution proves otherwise — Reliance on untested or suggestive confession unsafe for conviction.
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25 April 1994 |
| February 1994 |
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Originating summons under Order 113 is procedural; matter prematurely before Judge and must be referred to the Master.
Land law - Possession - Originating summons under Order 113, Rules of the Supreme Court - Procedural nature of Order 113 - Jurisdiction: Master to hear under rule 1A; premature hearing before Judge - No adjudication on merits of title or ancestral occupation.
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10 February 1994 |
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Section 4 notice required only for actions involving public statutory duties; private employment contract claims need no prior notice.
Civil Procedure (Suits by or against Government or Public Officers) Act s.4 — notice requirement limited to actions arising from acts done in pursuance/execution/intended execution of statute, law, public duty or authority — distinction between public-duty acts and private contractual obligations — default judgment not irregular where claim is for private contract.
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4 February 1994 |
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Assessment of damages for workplace injury: award for pain, loss of amenities and diminished earning capacity totaling K23,912.
Personal injury — workplace accident — comminuted fracture of humerus — medical evidence of 10% permanent incapacity — assessment of damages for pain and suffering, loss of amenities and diminished earning capacity — award totaling K23,912.
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4 February 1994 |
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Default judgment set aside where defendants gave a plausible explanation and showed a prima facie defence of contributory negligence.
Civil procedure — setting aside default judgment (Order 13 Rule 9) — court’s discretion — need for prima facie defence — explanation for default relevant but not decisive — contributory negligence can raise triable issue — authorities: Evans v Bartlam; Alpine Bulk Transport; Burns v Kondel.
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4 February 1994 |
| January 1994 |
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Exemplary damages must be specifically pleaded; K3,000 awarded for two-day wrongful arrest and humiliation.
False imprisonment — damages at large — exemplary/punitive damages must be specifically pleaded with supporting facts (Order 18, r.8) — aggravated damages as compensatory aggravation.
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28 January 1994 |
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False imprisonment and consequential loss of employment: damages assessed by judicial discretion, not fixed time‑rates.
False imprisonment – assessment of damages – awards discretionary, not rigidly time‑based; duration, indignity and torture relevant; loss of employment and loss of earning capacity recoverable.
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28 January 1994 |
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Interim injunction refused where applicant failed to show a pleaded interest in the vehicle sought to be frozen.
Civil procedure – interlocutory injunction – preservation of status quo – applicant must show prima facie right and balance of convenience – injunction refused where subject matter not pleaded in statement of claim – abuse of process.
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17 January 1994 |
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Assessment of damages for false imprisonment: court adopts relative temporal approach and awards K60,000 for about two months.
False imprisonment – assessment of damages – compensation for loss of liberty – relative holistic approach to duration rather than strict days/hours – guideline awards: 2–6 months ≈ K60,000; 6–12 months ≈ K100,000 – poor detention conditions and ill-treatment relevant to quantum.
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14 January 1994 |
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The plaintiff awarded K72,000 for unlawful arrest and battery; exemplary damages denied for lack of specific pleading.
Torts – False imprisonment – damages at large and compensation; Battery – pain and suffering; Exemplary damages – must be specifically pleaded in High Court; Government liability – suits against State officers.
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8 January 1994 |
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Court awards K14,000 for facial injuries; pelvic dislocation unproven and no loss of earning capacity awarded.
Motor vehicle accident — assessment of damages — medical evidence required to prove specific injuries (pelvic dislocation) — non‑pecuniary losses: pain, suffering and disfigurement — loss of earning capacity requires proof of substantial risk (Moeliker test).
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7 January 1994 |
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Labeling a document "without prejudice" does not automatically exclude an admission, but summary judgment may be refused if genuine triable issues exist.
Civil procedure — summary judgment on admission; "without prejudice" communications — scope and admissibility; court discretion where triable issues and credibility arise.
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5 January 1994 |
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Alleged instalment agreement failed for lack of proof and consideration; default judgment not set aside.
Civil procedure — setting aside default judgment — affidavit of merits/triable issue; Contract — accord and satisfaction; consideration (Foakes v Beer; Pinnel's case); equitable relief (Hughes; D & C Builders).
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4 January 1994 |
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A weak or 'shadowy' defence justified conditional leave to defend subject to payment of K34,500 into court.
Civil procedure – Summary judgment – Defence alleging purchaser non-payment held 'shadowy' – Affidavit sworn at plaintiffs’ lawyer’s office excluded (Order 41, Rule 8) – Conditional leave to defend granted on payment into court.
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4 January 1994 |
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Whether the state is liable for false imprisonment, assault in custody and appropriate damages for lost sight and earnings.
False imprisonment – state liability – assault and degrading treatment in custody – recoverability of consequential personal injuries – assessment of damages and loss of earnings (multiplier method).
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4 January 1994 |
| December 1993 |
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Failure to give statutory notice of dishonour under s48 bars summary judgment on a dishonoured cheque.
Bills of Exchange Act s48 — notice of dishonour — effect of non‑compliance (drawer discharged); Summary judgment — appropriateness where statutory notice not given; Cheque-as-cash principle distinguished where notice absent.
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31 December 1993 |